Opinion
November 16, 1976
Order, Supreme Court, New York County, entered on May 7, 1974, denying defendant's motion to dismiss the complaint herein and to vacate a warrant of attachment, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. A valid cause of action is set forth in the complaint of the plaintiff-receiver and no grounds have been set forth sufficient to justify a vacatur of the warrant of attachment. It is clear that the complaint seeks to hold the defendant liable for his conversion of corporate funds to his own personal use.
Concur — Markewich, J.P., Kupferman, Silverman, Capozzoli and Lane, JJ.